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May my health care provider disclose my medical information to others?

Personal Data Authority April 1, 2020

ANSWER

No, in principle this is not allowed. Only in exceptional situations may your healthcare provider disclose your medical information. As a patient, you must be able to count on everything you tell a healthcare provider in confidence remaining confidential. This is why healthcare providers have a duty of confidentiality. And also for other employees of healthcare institutions, such as hospitals.

Medical confidentiality

Medical confidentiality applies to doctors, dentists, pharmacists, GZ-psychologists, psychotherapists, physiotherapists, midwives and nurses. This is regulated by law.

Does a healthcare provider violate medical confidentiality? If so, you can hold them accountable through legal disciplinary and criminal law.

Duty of confidentiality from professional code

Some other professions, such as social workers, are not subject to legally regulated medical confidentiality. But these health care providers do have a duty of confidentiality.

This duty of confidentiality is regulated by a professional code. In some cases, (internal) disciplinary law also applies.

Duty of confidentiality for healthcare facility employees

There is also a duty of confidentiality if you enter into a treatment agreement with a healthcare facility. Such an agreement means that you will receive treatment at the health care institution.

There are employees working within the institution who have medical confidentiality or a duty of confidentiality under a professional code. But there are also employees to whom this does not apply. Such as secretaries or financial staff.

They will still be contractually obligated to keep your information confidential. This includes everything they know about you and your treatment because of their involvement in your treatment.